Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-06-25
THE LONG AND SHORT HAUL.
The Interstate Commerce Commission
Renders its Decision.

WASHINGTON, June l5.-The inter stat
commission rendered tonight the expected
decision upon the fourth section OF the inter
state commerce act. The decision is yer,
long, comprising more than $4,000 words
The commission after mature consideration
is satisfied the statute does not require II
prescribed In every instance or exceptions
case, and grant Its order for relief before the
carrier is ~ liberty In is tariffs to Separ,
from the general rule. The carrier mus,
Judge for itself what are Substantially similar
circumstances and conditions which preclude
a special rate, rebate or drawback, which lie
made unlawful since no tribunal Is empower
acted, and then only for the purpose OF de-
termining whether its action constitutes q
violation Of law. The carrier judges on the
peril Of consequences, bat the special rate,
etc, which 1t grants, Is not illegal when 1t
turns out the circumstances and and con-
ditions are such as not to forbid It. The
commission will not undertake to decide In
advance what does and does not constitute
discrimination "under substantially similar
circumstances and conditions but
will leave the railroads TO
act upon their own Judgment, subject to
accountability before tac commission and
courts. For the guidance, however, of rail.
road companies the commission has censid-
cred At great length nearly all the questions
raised under the fourth section of the law,
and has reached the conclusions which are
summarized as follows:
/. Prohibition in the fourth section against
greater charge for a shorter than for a
Longer distance over the same line, In the
same direction, the shorter being included
within the longer distance as qualified
therein, limited 10 cases In which circum.
stances and conditions are substantially simi.
lar.
2. The phrase "under substantially similar
circumstances and conditions in the fourth
section, used In the same sense rs In the
second section; and under the qualified form
Of prohibition In the fourth section carriers
are required to Judge in the frst instance
with regard 10 the similarity or dissimilarity
of circumstances and conditions that forbid
or permit a greater charge for a shorter dis
lance.
3. The judgment Of carriers In respect TO
circumstance and conditions is not final, but
subject TO the authority Of the commission
and courts.
4. The provisions Of section /, recurring
charges be reasonable and Just, and OF see
ton 2, forbidding unjust discrimination 70
apply when exceptional charges are made
under section 1, as they DO in other cases.
3. The existence OF actual competition
which is OF controlling fierce in respect to
trafic important In amount, may make out
dissimilar circumstances and conditions en-
titling the carrier to charge less for a longer
ban for a shorter haul over the same line in
the same direction, the shorter being included
in the longer, in the following cases: First.
when competition with carriers by water
which are not subject TO the provisions OF the
statute; second, when In competition with
foreign or other railroads which are not sub
iect to the provisions Of the statute; third.
in rare and peculiar cases competition be.
tween railroads which are subject TO the stat
ute when strict application to the general
rule Of the statute would be destructive TO
competition.
The commission further decides that
whcL a grestcr charge in the aggregate is
made for the transportation of passengers or
like kind OF property for a shorter than for a
longer distance over the same line in the
same direction, the thorter being included In
the longer distance, is not sufficient j~ustifca-
ton therefor that the traffic which is sub
jected to such greater charge is way or local
traffic, and that which Is given more favorable
rates is not nor Il ii sufficient justification
for such greater charge that tie short haul
traffic is more expensive to the carrier. unless
when the circumstances are such as 10 make il
occasionally expensive or the long haul
traffic exceptionally inexpensive, the differ
ence being extraordinary and susceptible Of
proof; nor that a lesser charge on a longer
haul, merely a continuation of favorable
rates under which trade centers or industrial
Establishments have been built up. The fact
hat the long haul traffic will only bear Ger.
tam rates is no reason for carrying II for less
than cost at the expense OF ether traffic.